Madras High Court
Madhan vs The Government Of Tamil Nadu on 21 December, 2017
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.12.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD) Nos.21811 of 2017 to 21813,
21605, 21253, 21497, 21100,
21867 to 21877, 21829 and
21402 to 21405 of 2017 and
W.M.P.(MD) Nos.18103 to 18108,
17888 to 17890, 17527 to 17529,
17778 to 17780, 17359 to 17361,
17778 to 17780, 19374,
18168 to 18189, 18125,
18126 and 17691 to 17698 of 2017
W.P(MD) No.21811 of 2017
Madhan ...
Petitioner
-vs-
1. The Government of Tamil Nadu,
Rep. by its Secretary (Home),
Prohibition and Excise,
Fort St.George,
Chennai-9.
2. The Managing Director,
Tamil Nadu State Marketing Corporation (TASMAC),
CMDA Tower II, 4th Floor,
Egmore, Chennai-600 008.
3. The District Manager,
Tamil Nadu State Marketing Corporation (TASMAC),
104-C, SIPCOT Campus,
Thoothukudi-2. ...
Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Declaration, declaring the Notification
Na.Ka.No.A4/486/2017 dated 03.11.2017 issued by the 3rd respondent and more
particularly Column 10, Conditions 6(A), 6(A)(1), 6(A)(2), 6(B), 6(C),
6(D)(1) and 6(E) in the notification unconstitutional and beyond the powers
of the 3rd respondent under the Tamil Nadu Prohibition Act, 1937 and the
Tamil Nadu Liquor Retail Vending (in shops and Bars) Rules, 2003 as well as
being not in accordance with Sections 9 and 10 of the Tamil Nadu Transparency
of the Tenders Act, 1998 relating to TASMAC Shop No.9984 & 9929, Thoothukudi
City insofar as the petitioner is concerned.
!For Petitioner : Mr.N.Mohideen Basha
^For R1 & R2 : Mr.J.Gunaseelan Muthiah
Govt. Advocate
For R3 & R4 : Mr.B.Pugalendhi, Addl. Advocate General
Assisted by Mr.B.Jameel Arasu
:COMMON ORDER
Heard the learned counsel for the respective parties.
2. Since the issue involved in these writ petitions is one and the same, they are taken up together for final disposal by consent on either side. For the sake of brevity, the facts are being taken from W.P.(MD) No.21811 of 2017, which read as follows:
i) The third respondent had issued a notification dated
03.11.2017, calling for tenders towards collecting empty liquor bottles and sale of edibles in the TASMAC Bar attached to TASMAC shops. In the said notification, several conditions were imposed, one of which was that the successful bidder should deposit the demand draft for 99% of the calculated Advance Demand Amount, exclusive of GST and other taxes;
ii) It is submitted that though the price of the liquor in each bottle has been increased, the price of empty bottles has been drastically decreased, causing huge loss to the Bar and it is a difficult task in calculation of the upset price in proportionate to the amount earned by a Shop. Contending that the offending clauses and conditions are arbitrary in nature and opposed to the Constitution of India, the petitioner is before this Court with the aforesaid prayer.
3. When these batch of cases are taken up for hearing, the learned Additional Advocate General as well as the learned Standing Counsel appearing for TASMAC have submitted that a fresh tender notification is going to be published with a new proposal regarding fixation of upset price as well as incorporation/modification of certain conditions etc.
4. In view of the above submissions, these writ petitions are disposed of, granting two weeks' time from the date of receipt of a copy of this order to the concerned authorities for publication of a fresh tender and on such publication, the interested parties shall submit their duly filled-in tender forms within fifteen days thereafter. However, it is made clear that till completion of the new tender process and declaration of new persons, the existing parties are permitted to continue their business operations in the respective shops upon payment of existing charges. It is also made clear that since the respondents have decided to publish a fresh tender notification, the Demand Drafts, if any, received by the respondents from various parties shall be returned forthwith. No costs. Consequently, connected miscellaneous petitions are closed.
To:
1. The Secretary (Home), Government of Tamil Nadu, Prohibition and Excise, Fort St.George, Chennai-9.
2. The Managing Director, Tamil Nadu State Marketing Corporation (TASMAC), CMDA Tower II, 4th Floor, Egmore, Chennai-600 008.
.